Mortgages / IDERAs

Entry of a Charge

An application to enter a charge upon the Register shall be made by or on behalf of the charge. It is possible to register an aircraft mortgage on the Guernsey Charges Register.
Where two or more aircraft assets are the subject of one charge or where the same aircraft asset is the subject of two or more charges, separate applications shall be made in respect of each aircraft asset or of each charge, as the case may be.

Cape Town Convention

The Convention and the Protocol (together with the Cape Town Convention) have been in force in Guernsey since 1 November 2015, pursuant to the Aviation Registry (Interests in Aircraft) (Guernsey) (Ordinance), 2015.
The existing aircraft charges do not need to be Guernsey law in order to be registered on the aircraft charges register. Provided the charge over the aircraft to be registered on 2-REG was entered into post 2 November 2015 (when the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (the “Cape Town Convention”) came into effect in Guernsey) the charge can be registered on the Guernsey aircraft charges register and no additional local / Guernsey law charge is required.
It is possible to register agreements governed by foreign law.

Registration of a Priority Notice

A notice of intention to make an application to enter a charge of an aircraft asset in the Register, “a priority notice”, may also be entered in the Register.
An application to enter a priority notice upon the Register shall be made by or on behalf of the prospective chargee to the Registrar.

Discharge/Removal of a Charge

A mortgage holder might desire to discharge or remove a registered mortgage. A discharge is when the mortgage has been fully settled and legally terminated and removal of a charge is when the aircraft is sold or changes ownership, and there is a need to deregister the aircraft.
By virtue of section 23(2) and section 39 of the Aviation Registry (Guernsey) Law 2013, a mortgagor may request deregistration of a mortgaged aircraft. The requirement is that all persons shown in the Register of Charges as Chargee of that aircraft have consented to the cancellation.
The existence of the mortgage shall be stated on the Notice of Deregistration at the time of cancelation of the aircraft.

IDERA

An IDERA, or Irrevocable Deregistration and Export Request Authorization, is a crucial document in aviation financing and leasing agreements. It grants lenders or lessors the authority to request the deregistration and export of an aircraft if the lessee defaults.
This authorisation is typically irrevocable and aligns with international agreements like the Cape Town Convention and its Aircraft Protocol. IDERAs streamline the process of repossessing, selling, or exporting aircraft while ensuring compliance with various country-specific regulations. They provide a secure and standardized framework for handling defaults in complex aviation transactions.
Upon a request to action an IDERA, 2-REG is obligated to initiate the deregistration process and cooperate in facilitating the export of aircraft objects within a maximum of five working days. This action is undertaken at the request of the creditor acting as the “authorized party” in cases where the debtor defaults. It’s important to note that an aircraft with a registered IDERA cannot be deregistered at the request of the debtor unless the IDERA itself undergoes a revocation process.

Search in the Charges Register

A search in the Charges Register will disclose whether the aircraft has any registered mortgages associated with it.
An application for a search in the Charges Register can be submitted here. The fee is specified in section 1 of the Fee Schedule.

We aim to respond to Mortgage applications within one business day.

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